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Henry Neugass (United States) V. Austria and Hungary

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REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Henry Neugass (United States) v. Austria and Hungary 6 January 1928 VOLUME VI pp. 235-240 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 DECISIONS 235 On behalf of the claimant in case styled and numbered as above l an award is sought against Austria based exclusively on a savings bank deposit of 38.57 kronen to the credit of claimant in the Bohemian Savings Bank, located at Prague, which before the war was embraced in the territory of the former Austrian Empire. Prior to the coming into effect of the Treaty of St. Germain on July 16, 1920, the principal Allied and Associated Powers had recognized the existence of Czechoslovakia as an independent State, and it was a party to that Treaty as an Allied Power (see preamble to Treaty of St. Germain). The deposit upon which this claim is based is in a bank located at Prague in Czechoslovakia, which bank is not with respect to claimant an "enemy debtor" within the meaning of that term as found in the Treaty of Vienna, and the claim here asserted is not an "enemy debt" falling within the terms of that Treaty. Applying the rules announced in Administrative Decision No. II to the facts as disclosed by the record herein the Commission decrees that under the Treaty of Vienna of August 24, 1921, the Government of Austria is not obligated to pay to the Government of the United States any amount on behalf of the claimant herein. ALEXANDER KARL RUDOLPH (UNITED STATES) v. AUSTRIA (June 9, 1927. Page 53.) JURISDICTION.—WAR: CONFISCATION OF PRIVATE PROPERTY. Held that claim based upon confiscation of property in 1805 during Napoleon's campaign falls outside terms of Treaty of Vienna. On behalf of the claimant in case styled and numbered as above 2 an award is sought against Austria for $250,000, the value of property belonging to the claimant's grandfather who fought in the Prussian army allied with the Austrian army and whose property was confiscated in. 1805 during Napoleon's campaign.. The Commissioner holds that the claim here asserted does not fall within the terms of the Treaty of Vienna. Applying the rules announced in Administrative Decision No. II to the facts as disclosed by the record herein the Commission decrees that under the Treaty of Vienna of August 24, 1921, the Government of Austria is not obligated to pay to the Government of the United States any amount on behalf of the claimant herein. HENRY NEUGASS (UNITED STATES) v. AUSTRIA AND HUNGARY (January 6, 1928. Pages 54-59.) BONDED PUBLIC DEBTS AND STATE SUCCESSION: LIABILITY FOR INTEREST.— INTERPRETATION OF TREATIES: RULE OF EFFECTIVENESS.—INTERLOCUTORY 1 Original report: United States of America on behalf of Friederike Gottlieb, claimant, v. Austria and Bohemian Savings Bank, of Prague, Impleaded, docket No. 553. 2 United States of America on behalf of Alexander Karl Rudolph, claimant, v. Austria, docket No. 891. 236 UNITED STATES, AUSTRIA AND HUNGARY JUDGMENTS. Purchase in 1884 of six bonds 5 per cent "unsecured unified public debt" of Austrian Empire, issued October 1, 1868. Contribution by Austria and Hungary to service of debt proportionate to 71.348 per cent and 28.652 per cent, respectively (Austro-Hungarian conventions concluded in 1867, ratified and confirmed by statutes). Conversion of 71.348 per cent of debt into part of "Austrian unsecured debt", and of 28.652 per cent of debt into part of "Hungarian unsecured debt" (Treaty of St. Germain (Trianon), article 203 (186), annex). Distribution of "Austrian (Hungarian) unsecured debt" among Succession States by Reparation Commission, so that Austria (Hungary), being one of Succession States, solely responsible for liabilities incurred prior to July 28, 1914, which by their terms became due and payable prior to coming into force of Treaty (article 203 (186), paragraph 2). Issuance of new obligations by Succession States for period after that date. Relevant provisions of Treaty of St. Germain (Trianon) carried into Treaty of Vienna (Budapest). As each provision of Treaty must be given such reasonable construction in connexion with every other provision as to give effect to all of them, held that phrase "securities issued or taken over by the former Austro-Hungarian Government" (article 248 (231), Treaty of St. Germain (Trianon)) refers to "unsecured unified public debt" supra, and that, therefore, Austria liable for interest due on or prior to July 16, 1920 (date of coming into force of Treaty of St. Germain), and Hungary liable for interest due on or prior to July 2, 1921 (date on which United States declared state of war with Austro-Hungary ended), in respect of pre-war "Austrian (Hungarian) unsecured debt" and that bond-holders must look to new obligations issued by Succession States for interest accruing subsequent to these dates. Interlocutory judgments will be entered. Cross-references : Am. J. Int. Law, vol. 22 (1928), pp. 693-698; Friedensrecht, VIII.JahrNr. 1/2 (1929), pp. 12-14. Bibliography: Prossinagg, pp. 25-26; Bonynge, pp. 35-37. This claim is asserted by the United States on behalf of Henry Neugass. an American national through naturalization, against Austria and Hungary jointly for 705.60 gulden, the aggregate amount of 48 coupons detached from six bonds and filed herein, six of which coupons became payable by their terms on October 1, 1917, and six on April 1 and October 1 of each year thereafter, ending with April 1, 1921. The bonds in question were all acquired by the claimant in 1884. They were of the issue of October 1, 1868, and have not matured. While they are in terms obligations of the former Austrian Empire, they recite (in translation) that they form: "... an integral part of the 5 per cent unified public debt . which said debt arose in accordance with the law of 20th June 1868 from the transforming of the different sorts of the funded general public debt as existing at the end of 1867, and for the payment of the interest of which the lands of the Crown of Hungary contribute, according to agreement, the yearly quota determined in Article XV, 1867". The coupons upon which this claim is based are payable in silver gulden or florin, which terms are used interchangeably, one of them appearing on some and the other on the rest of the coupons. The record presents two questions for decision: 1. To what extent, if at all, is Hungary liable for the coupons here presented, and 2. When, did the liability of Austria and/or Hungary for the payment of said coupons terminate and the liability of the Succession or Cessionary States DECISIONS 237 (including Austria and Hungary), resulting from the dismemberment of the former Austrian Empire and the former Kingdom of Hungary, attach? From the record it appears that for some 18 years prior to 1067 the State known internationally as the Empir: of Austria claimed and exercised jurisdic- tion over the lands of the Holy Hungarian Crown. In 1867 the former Austrian Empire and the former Kingdom of Hungary as they existed on and prior to July 28, 1914 began to function under separate constitutions, and the Austro- Hungarian Dual Monarchy came into existence as a de facto and constitutional union with limited powers. The debt evidenced by the bonds to which the coupons here presented appertained was created prior to 1868. By formal conventions entered into between the former Austrian Empire and the former Kingdom of Hungary, as independent States, ratified and confirmed by statutes enacted by their respective lawmaking bodies, 1 it was agreed that Hungary should annually contribute to the service of the debts incurred prior to 1868, which debts came to be known as the "unsecured unified public debt", the liability of Austria and of Hungary therefor being 71.348 per cent and 28.652 per cent respectively. This was the situation with respect to the bonds and coupons in question when the Treaty of St. Germain and the Treaty of Trianon were negotiated and signed. So far as concerns the questions here presented the provisions of these Treaties are substantially identical. Under them the Austro-Hungarian Dual Monarchy was dismembered and substantial parts of the territories of the former Austrian Empire and of the former Kingdom of Hungary were ceded, some to new and some to existing States, all of which, including the existing Republic of Austria and the existing Kingdom of Hungary, will be hereinafter referred to as "Succession States". 2 The financial clauses (part IX) of the Treaties made elaborate provision for the apportionment between the Succession States as they now exist, including Austria and Hungary, of the secured and unsecured pre-war indebtedness of the former Austrian Empire and the former Kingdom of Hungary, fixing sole responsibility on each Succession State for the portion of such indebtedness allocated to it. We are here concerned only with the pre-war unsecured bonded debts of Austria and/or Hungary as they existed on July 28, 1914, which consisted of (a) the bonded debt of the former Austrian Government for which it alone was liable, ,(b) the bonded debt of the former Hungarian Government for which it alone was liable, and (c) the unsecured unified public debt already referred to created prior to 1868, nominally of the former Austrian Government butfor the payment of interest on which Austria and Hungary were liable in the proportions of 71.348 per cent and 28.652 per cent respectively. A feature of the comprehensive refunding plan worked out by the makers of these Treaties was the segregation of the liability of the former Austrian Government from that of the former Hungarian Government with respect to the unsecured unified public debt and the allocation to each of a sole liability computed on the percentages hereinbefore mentioned.
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